Expedited international arbitration : policies, rules and procedures / edited by Alan M. Anderson, Herman Verbist.

Format:

Book

Contributor:

Anderson, Alan M., editor.

Verbist, Herman, editor.

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration (International law).

Physical Description:

1 online resource (476 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

Expedited International Arbitration considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book, comprising nineteen chapters, brings together thirty-one distinguished practitioners, academics and experts in the field from around the world. It furnishes diverse and rich perspectives on the various methods adopted to provide an expeditious and cost-effective means for dispute resolution, while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers the following aspects: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc’ (non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will better understand the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and weighing the pros and cons of expedited arbitration procedures in various jurisdictions and under various rules, both institutions and ad hoc. This insightful book will benefit international commercial arbitration as stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, productive and cost-effective means of resolving commercial disputes.

Contents:

Introduction / Alan M. Anderson & Herman Verbist

ch.1. Expedited international arbitration: (Re)discovering traditional advantages of the arbitral process / Ylli Dautaj

ch.2. Expedited arbitration in action: is the practice making perfect? / Jonas C. Hinrichsen, Reza Shahrokhi & Erin Cronjé

ch.3. Stopping the arms race: page limits in international arbitration / Joshua B. Simmons & Natalia Szlarb

ch.4. The strain between efficiency and due process in expedited arbitration: a fertile ground to challenge the award? / Shahrizal M. Zin

ch.5. The advent of accelerated arbitral procedures: public policy considerations in the enforcement of arbitral awards / Yasaschandra Devarakonda

ch.6. The UNCITRAL expedited arbitration rules: a critical review / Herman Verbist & Alan M. Anderson

ch.7. A neglected blueprint: the LMAA’s small claims procedure / James Clanchy

ch.8. ICC expedited arbitration proceedings: review and analysis / Juan Felipe Merizalde & Juan Pablo Gómez

ch.9. The Australian approach to expedited arbitration: exploring the 2021 ACICA rules / Guillermo García-Perrote, Ella Wisniewski & Daniel O’Neil

ch.10. Expedited arbitration under ICSID Institution Rules 2022 and what it means for investors / Venetia Argyropoulou

ch.11. A comparative analysis of expedited arbitration rules in ICSID and UNCITRAL for Investor-State disputes / Carlos Eduardo Torres Giraldez

Balancing efficiency and party autonomy in expedited procedures: assessing reforms under the ICC and Swiss rules / Yassine Sangaré

ch.13. Expedited arbitration as a competitive factor of arbitration institutions: a comparative analysis of ISTAC, DIS and ICC / Esra Yildiz Üstün

ch.14. ICSID’s mediation rules and procedures: an initiative towards an expedited and equitable resolution of investor-state disputes / Srilal M. Perera

ch.15. Expedited arbitration and Arb-Med in the Far East (Macau) / Hugo Luz dos Santos

ch.16. Examining the practice of expedited arbitration in China: strengths, difficulties, and prospects / Yuan Fang

ch.17. The development of expedited arbitration in the offshore space: an examination of expedited arbitration in the British Virgin Islands, Bermuda and the Cayman Islands / Peter Ferrer, Marcia McFarlane & James Petkovic

ch.18. Expedited arbitration rules: when are they applied? / Rose Maria Sebi, Rahul Kr. Kanoujia & Parnika Rai

ch.19. Expedited international arbitration in the MENA region / Can Eken & Tariq Mahmood.

Notes:

Includes bibliographical references.

Description based on publisher supplied metadata and other sources.

ISBN:

9789403525976

9403525975

94-035-2597-5